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Trial for driver in Boulder County truck vs. bike fatal accident to begin

Christopher Loven facing one count of careless driving resulting in death

By Mitchell Byars Camera Staff Writer

Posted:
03/04/2013 08:06:09 PM MST

Updated:
03/04/2013 08:09:45 PM MST

An unidentified woman consoles Christopher Loven, of Boulder, who was driving the truck involved in an accident that killed bicyclist Eugene "Phil" Howrey on June 17, 2011, at the intersection of Olde Stage Road and Lefthand Canyon Drive in Boulder County.
(Jeremy Papasso)

It isn't uncommon for cyclists and motorists to clash on the roads in Boulder County, but now the conflict moves to the courtroom as the driver of a dump truck who struck and killed a cyclist in Lefthand Canyon in 2011 goes on trial beginning Tuesday.

Christopher Loven, 47, of Boulder, is facing one count of careless driving resulting in death -- a Class 1 traffic offense -- after prosecutors say an investigation showed his lack of "due regard" caused the accident that killed Eugene "Phil" Howrey, 73, of Boulder, nearly two years ago.

If convicted, Loven could face a possible sentence of up to one year in jail and up to a $1,000 fine.

According to an investigation by the Colorado State Patrol, Loven was driving a Kenworth W900 dump truck hauling a trailer with construction equipment west on Lefthand Canyon Drive on June 17, 2011, when he turned left to go south on Olde Stage Road.

Howrey was headed east on Lefthand Canyon Drive.

According to the report, both Loven and Howrey tried to brake, but Howrey hit the right front end of the truck and was thrown 39 feet. He died at the scene.

The report said Loven was driving about 20 mph, while Howrey was riding between 25 and 35 mph. The speed limit in the area is 35 mph. The State Patrol investigation concluded that no drugs, alcohol, speeding or aggressive driving were involved in the accident.

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The Colorado State Patrol gave the findings to the Boulder County District Attorney's Office, which pressed charges against Loven in November 2011.

Careless driving resulting in death is the lowest-level charge that can be levied against someone accused of killing another person in a traffic accident, according to former Boulder prosecutor Trip Demuth.

Careless driving resulting in death means a driver was guilty of "failing to observe due care to all the attendant circumstances," whereas reckless driving resulting in death -- a more serious charge -- requires proof that the driver consciously disregarded a "substantial and unjustifiable risk."

Demuth said it is not simply a matter of who had the right of way, but also facts specific to the accident.

"It all depends on the circumstances," he said. "I don't think the analysis ends at who has the right of way."

In this case, the State Patrol investigator concluded that Loven should have been driving more slowly to account for the road conditions and the difficulty of maneuvering the large truck and its loaded trailer.

"Although Christopher G. Loven was not legally required to stop before turning left onto Olde Stage Road, he was required to yield the right of way to oncoming traffic," the report said. "In this case, he should have stopped or made that turn at a lower speed. If he had shown due regard for the road and traffic conditions, the crash would not have happened."

The report stated that if Loven had been traveling just 5 mph slower, he would have been able to stop in time to avoid the accident.

Loven's attorney, Paul McCormick, said during a prior hearing in the case that he also commissioned an accident investigation team that wrote its own report and made an accident reconstruction. McCormick, who is expected to present findings of that investigation during the defense's case at trial, could not be reached for comment.

But Demuth said jury members will have to consider more than the two accident reconstructions.

"Juries are required to exercise their judgement and considered their life experiences," Demuth said. "Certainly accident reconstruction is important, but so are statements by witnesses or a defendant if he chooses to testify."

Demuth said both prosecutors and Loven's attorneys will have to be careful during jury selection that potential jurors don't feel too strongly either way about cyclists on the road, a subject that has long been a contentious issue in Boulder County.

"The attorneys on both sides will want to find a jury that doesn't hold any sympathy or prejudice regarding cyclists on the roadway or at least find people who can disregard that sympathy or prejudice."

Loven's case is one of two careless driving cases involving bicyclists scheduled to go to trial in 2013.

Kirk Condon, the driver accused of hitting and killing Boulder athlete Terence "T.J." Doherty while he was riding his bicycle in July on U.S. 36, is scheduled to go to trial on May 21.

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